How does one preserve for appellate review an inconsistency in the jury’s verdict? If you spot the inconsistency before the jury is discharged, raise it immediately so that the trial judge can send the jury back for further deliberations. If you don’t spot the inconsistency until after the jury is discharged, you may still preserve the issue through a timely motion for new trial or for judgment notwithstanding the verdict. See the following cases:
- Bourque v. Gulf Marine Transp., Inc., 480 So. 2d 337, 340 (La. App. 3 Cir. 1986) (party waived argument of inconsistent verdict by failing to raise the issue either at the reading of the verdict or in post-trial motions).
- Metz v. Howard, 631 So.2d 1248, 1251 (La. App. 5 Cir. 1994) (same as Bourque).
- Morris v. United Services Auto. Ass’n, 756 So. 2d 549, 560 (La. App. 2 Cir. 2000) (same as Bourque).
- Daigle v. White, 544 So. 2d 1260, 1262 (La. App. 4 Cir. 1989) (party who failed to object to inconsistsent verdict at the end of trial salvaged the issue by raising it in a motion for new trial).